This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on November 20, 1995, in _____, Texas, with ____________presiding as hearing officer. He did not approve the appellant’s (claimant) request for spinal surgery, determining the great weight of the other medical evidence was not sufficient to overcome the presumptive weight afforded the opinions of the two second opinion doctors. The claimant appeals this determination. The respondent (carrier) urges that the appeal is untimely and should not be considered.
DECISION
Finding the appeal was not timely filed, the decision and order of the hearing officer have become final pursuant to Section 410.169
The records show that the decision was mailed to the claimant on December 4, 1995. With the mail time provided by Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 102.5(h) (Rule 102.5(h)), and the 15 days for filing an appeal provided under Section 410.202(a), that the latest that a timely appeal could be filed was December 27, 1995, taking into account holidays. The Claimant’s appeal is post marked January 4, 1996, and is thus untimely. Accordingly, the decision and order of the hearing officer are final. Section 410.169.
Stark O. Sanders, Jr. – Chief Appeals Judge
CONCUR:
Robert W. Potts – Appeals Judge
Susan M. Kelley – Appeals Judge